Episode #125 of the Stack Overflow podcast is here. We talk Tilde Club and mechanical keyboards. Listen now

Questions tagged [claims]

Related to claims definition, interpretation, technical terms, the extent, scope, of the protection conferred to a patent

Filter by
Sorted by
Tagged with
1
vote
2answers
511 views

Combining two claims for two inventions in one patent

I was informed by the patent agent that I work with that I can combine two related inventions in one patent if they function together and use similar features. He said that by combining the two I ...
2
votes
1answer
38 views

Software invention with multiple aspects and method

In a software invention, if you describe two or more aspects of the invention. Are those aspects referred to as methods or they are defined as the method of the invention which cannot be divided. ...
1
vote
1answer
343 views

Two aspects of the same invention and one aspect is not unique

Ok, so suppose I have an iOS patentable application. The app consists of two components let us name them Com1 and Com2. Com1 is simply a normal means of input that takes input from the user of the app ...
2
votes
2answers
84 views

Software invention with two components

So, assume I have an iOS application with two components. Let us call those C1 and C2. C1 takes input from the user and does some calculations then stores it for C2 to do more calculations and display ...
0
votes
1answer
13 views
2
votes
1answer
102 views

How to deal with two aspects of invention in claims

So, assume I have a software invention with two aspects. Let me provide an example to simplify things. Assume I invented a client and server. The client and server both communicate with one another. ...
2
votes
3answers
116 views

To patent a technology on a smart device and a yet to be made apparatus

I am reading on some patents and I want to make sure I understand them right. Let us follow my example which is a custom vibrator. I have no plans on making a patent over it, I am just using it as an ...
5
votes
1answer
474 views

Do you have to amend claims lacking novelty or an inventive step

If I file a patent application and it turns out some of my claims are lacking novelty, or an inventive step, do I need to amend those claims in order to comply with PCT Article 33(2) or PCT Article 33(...
1
vote
2answers
188 views

patent conjunctions

English grammar – states that [a]n article of a preposition applying to all the members of the series must either be used only before the first term or else be repeated before each term. 1) Is ...
2
votes
1answer
225 views

How to write claim with only novel elements of my invention

Hi, I have a prior art invention - invention A; My invention - "invention B" has most claims common to that of Invention A. But while structuring the claim, and speaking from perspective of ...
0
votes
2answers
221 views

Patent Troll Alert PCT/US2016/031871

In reference to the patent: WO2016186925A1 CLAIMS We claim: 1. A method of performing upscaling, the method comprising: parsing an input video; breaking the input video into individual frames; ...
4
votes
4answers
657 views

Claim dependence on later claim

Is it allowable in US patent applications to have a claim dependent on a later claim in an amendment? For example: (previously presented) The system of claim 17 where .... .... (currently amended) ...
1
vote
1answer
105 views

Independent claim construction - “Missing” keywords

I have been given the task of checking the most recent patents of our competitors for infringement. I must say I am not a specialist in patents but I mostly enjoy the learning experience. One of our ...
1
vote
2answers
74 views

Patent details changed without consent

I am the inventor of a live patent application which has been altered by the owner of the patent against my wishes. If I withdraw my name from the patent application will this stop the patent going ...
1
vote
1answer
71 views

why is this patent not reference significant previous work?

In reference to the patent: US20130024676 The patent application (with a 2011 date) is too broad and attempts to patent the entire concept of control flow integrity. There is HUGE previous work ...
2
votes
2answers
140 views

What does US20160034139 cover?

In reference to the patent: US20160034139 The patents link has no diagrams and hence it is very difficult to understand what this patent is all about. Can someone please explain? The first claim ...
0
votes
1answer
132 views

Multiple Inventions as Independent Claims

This may be a dumb question, but I cannot find the answer anywhere, so here it goes: Can I file multiple different and unrelated inventions as independent claims in one application? For example, let'...
1
vote
1answer
58 views

What is a method, what is a system, and what are the differences?

Very strange but I have researched this all over the web and so far have found no answer to this question. I even asked the law firm that is writing my patent application and they have hedged on the ...
0
votes
4answers
198 views

Request for explanation in easy words

In reference to the patent: US8463238 What does this patent claim? Could someone please explain the scope of this patent in plain English?
0
votes
1answer
51 views

Should a ridesharing platform be allowed a patent?

In reference to the patent: US20150058051 Knowing companies like Uber, AirBnb, RelayRides are share economy companies, what makes this company any different? If this man get a patent, does that mean ...
2
votes
0answers
57 views

Patent Drafting Method: Pros & cons of drafting claims and converting claims to descriptions

What are the advantages and liabilities, if any, of drafting patent claims for an invention first, and then converting the claims into a provisional patent specification with the same wording and ...
2
votes
1answer
47 views

Sweeping claims, patentability

I have an invention let's say a tea pot. I saw a patent with sweeping claims about tea pots. This specific patent is a tea pot that needs a lid to boil and I came up with a tea pot that doesn't need ...
4
votes
1answer
76 views

Is there a custom or policy of obfuscating dangerous details in patents?

I was reviewing an expired U.S. patent for a clever industrial process that is sufficiently dangerous that it should not be attempted by people not skilled in the art. Throughout the patent, ...
3
votes
1answer
46 views

Utility patent prohibiting against certain content

Suppose a claim in a patent reads: A method of custom quotation for manufacture of a part, the method comprising: ... using a processing device automatically generating a ...
3
votes
2answers
89 views

Avoid infringement by replacing a specific component

Suppose the Claim 1 of a patent is as follows: An assembly comprising: ...; a threaded nut positioned at least partially within the housing such that the nut is fixed against rotation ...
1
vote
2answers
468 views

How should I structure my claims and embodiments in regards to a patent for an invention to be implemented by a text editor?

In US patent law, how are claims that are dependent on an earlier claim affec the interpretation of the earlier claim. Is the prior claim's interpretation based on each dependent claim, or is the ...
1
vote
0answers
36 views

Re patent on previous work

Are patents based on previous patent allowed ? http://www.google.com.au/patents/US5895642
0
votes
1answer
110 views

Can a competitor see my unpatented product in the market and patent it before I do?

Suppose I come up with a product with some characteristics that are unique enough that it could be patented. However, I don't have enough money to file for a patent at the launch date. Can a ...
2
votes
1answer
408 views

US vs Indian Patent System differences

We may be filing for a patent in India, and while our attorneys will be doing the heavy lifting, I was just curious about what major differences there are in the patent system between there and the ...
1
vote
1answer
71 views

Dependent claim arrangement

It is assumed that a device comprises 4 logic circuits with following relationships using arrows representing input and output signals. A first logic circuit --> a second logic circuit --> a third ...
1
vote
1answer
59 views

“Further” usage in chained claims and in non-chained claims

I have a logic block that has 3 logic circuits: a first logic circuit, a second logic circuit and a third logic circuit. When all three circuit claims are chained, I have: (..), as in claim 1, ...
2
votes
0answers
37 views

“Package delivery notification system and method” claims

This is obvious to anyone who has ever waited for a package to be delivered to their house. What does this patent actually claim, and what makes it novel from the systems we all use? In reference to ...
2
votes
0answers
209 views

Can someone explain the term “commonly owned”?

As seen in a patent application, can someone please explain to a layperson what this term means? "All claims of the present invention application are commonly owned." I am having a heck of a time ...
0
votes
1answer
120 views

Claims interpretation for US7174229

In reference to the patent: US7174229 What is a simple-terms explanation of the claims from this patent? The first claim (from Google Patents) is: Apparatus for generating a delayed output ...
0
votes
2answers
123 views

Starting a company using this patent

In reference to the patent: WO2003023674A1 The mobile application that I am working on uses QR codes to store personal credit card information, and I'd like to know whether this would make me unable ...
2
votes
1answer
1k views

If a dependent claim only limits the independent claim, then is it still infringement when a product only differs from that dependent claim?

If a dependent claim only limits the independent claim, then is it still infringement when a product only differs from that dependent claim? For example: ~~~ (Independent claim:) 1. A device for ...
1
vote
1answer
103 views

Where can I find the graphics for patent CA2311951C?

In reference to the patent: CA2311951C “Ice skate blade” I cannot see an image and cannot follow the claims without an image. Where can I find the referenced image(s)?
4
votes
1answer
96 views

What does claim 1 of US 2008/0255822 A1 cover?

In reference to the patent: US 2008/0255822 A1 Does this patent mean that no-one can do another architecture coverage driven test generator for ARM cores? This patent is quite generic and I believe ...
2
votes
0answers
131 views

This is the same thing as SleekEZ that is already on the market or not?

In reference to the patent: US20150047576 From this application's claims, What is claimed is: A grooming tool comprising: a blade; a solid wooden handle; wherein said blade is contained ...
2
votes
0answers
96 views

prior art proof

I filed a provisional application in 1994 . Then i sent a full description of my invention to an eminent professor in the field of that invention in USA, soon after filing the provisional application ,...
3
votes
3answers
1k views

Urgent - My Patent Application received a Non-Final Rejection, Advice?

I have written a computer program which combines two patented ideas, but provides a new and much needed function, and service for that matter. Hence the big money corps stand to make from the use of ...
3
votes
3answers
286 views

Does a product infringe on a patent if it requires the use of the patented product to function?

Background: Let's look at a simplified example. Patent Claim #1: "A system for 'some function X' comprising: a sending device... a receiving device..." Question: If a new product provides the ...
3
votes
3answers
406 views

Understanding divided infringement in method claims

This question might be too detailed for this site, but I will give it a shot... This question relates to divided infringement and when a method claim will have multiple actors. Consider the ...
3
votes
2answers
103 views

Could I be sued by this side project because of Patent US5732138?

There used to be a website, lavarand.com that would generate random numbers via a camera aimed at a lava lamp. This idea was patented with US5732138, but the website has since been shut down. I think ...
2
votes
0answers
34 views

Is something that a user does, an step of a method

Can I write a claim as: A method for detecting X comprising the steps of: Entering Z by the user, Specifying the dimensions of Y by the user ...
0
votes
1answer
109 views

Can I refer to a dependent claim, to a word that is in the claim that the dependent claim depends on?

For example: It is a system comprising X, Y, Z The system of claim 1, wherein X is W The system of claim 2, wherein Z is P connected to W In the claim 3, I need to refer to both Z (which is in the ...
1
vote
1answer
43 views

Can a claim be rejected if it lacks a clause that Prior Art includes?

Prior Art: A system which detects X and makes an alarm Claim: A system which detects X
1
vote
1answer
117 views

Do they regard the whole claims to reject a patent based on Prior Art or only independent claims?

Let's bring an example (note I am naive in writing or understanding claims): Independent claim 1: It is an awesome equipment to detect X, dependent claim 2: the equipment of claim 1 detects X ...
1
vote
1answer
94 views

Do they regard the whole claims of my patent for detecting the patentability of others' application or only my independent claims?

Let's bring an example : Independent claim 1: It is an awesome equipment to detect X, dependent claim 2: the equipment of claim 1 detects X using a fork. If it was granted, would it mean that ...
2
votes
0answers
34 views

Can I broaden a patent while it is tested to work with specific conditions and environment?

Suppose that I am going to file a patent about defect detection of a specific equipment based on machine vision (even its technology belongs to X company) I implemented the system and it works for ...